CrPC Section 427: Sentence on Offender Already Sentenced for Another Offence

1. Code

Section 427 of the Code of Criminal Procedure, 1973 deals with the sentence of an offender who has already been sentenced for another offence.

2. Explanation

This section outlines the procedure when an individual has been convicted and sentenced for one offence but is subsequently convicted for another offence committed during the period of the earlier sentence. In such a scenario, the court has the power to impose a sentence for the second offence which may either be served concurrently or consecutively with the earlier sentence.

Concurrent Sentence: The sentence for the second offence is served simultaneously with the existing sentence.

Consecutive Sentence: The sentence for the second offence is served after the completion of the existing sentence.

The choice between concurrent and consecutive sentences depends on the severity of the second offence, the nature of the earlier sentence, and the overall circumstances of the case.

3. Illustration

Imagine a person is convicted for theft and sentenced to 3 years imprisonment. While serving this sentence, they commit another crime – assault. The court, upon convicting the person for assault, can choose to either:

• Impose a 2-year sentence for assault to be served concurrently with the existing 3-year sentence, meaning the total time served is still 3 years.
• Impose a 2-year sentence for assault to be served consecutively with the existing 3-year sentence, meaning the total time served becomes 5 years (3 years + 2 years).

4. Common Questions and Answers

Q: Can the court impose a sentence for the second offence that exceeds the remaining period of the earlier sentence?

A: Yes. The court has the power to impose a sentence for the second offence that exceeds the remaining period of the earlier sentence, meaning the offender will serve a longer period of imprisonment overall.

Q: What are the factors that the court considers when deciding whether to impose a concurrent or consecutive sentence?

A: The court considers factors such as the severity of the second offence, the nature of the earlier sentence, the offender’s criminal history, and the possibility of rehabilitation.

Q: Can the court reduce the earlier sentence when imposing a sentence for the second offence?

A: No. The court cannot reduce the earlier sentence when imposing a sentence for the second offence. The earlier sentence remains in effect and is only affected by the imposition of the consecutive or concurrent sentence for the second offence.